Gujarat High Court Case Information System
Print
FA/4233/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4233 of 2006
With
CIVIL
APPLICATION No. 12858 of 2006
=========================================================
AHMEDABAD
MUNICIPAL TRANSPORT SERVICE - Appellant(s)
Versus
JAYSHREEBEN,WD/O
BHUPENDRABHAIVASKURBHAI DHANDHAL & 3 - Defendant(s)
=========================================================
Appearance
:
MR
HS MUNSHAW for
Appellant(s) : 1,
MR.HIREN M MODI for Defendant(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.S.SHAH
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/11/2006
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Order
in First Appeal
ADMIT.
Order
in Civil Application
Rule.
Mr Hiren Modi, learned advocate waives service of rule on behalf of
the opponents.
On
condition that the applicant-Ahmedabad Municipal Transport Service
deposits with the Tribunal the entire amount awarded by the Tribunal
along with interest and costs within a period of six weeks from
today, there shall be interim stay of execution of the award under
challenge.
The
amount deposited before this Court at the time of filing the appeal
shall be transmitted to the Tribunal.
Upon
deposit/ transmission of the amounts as aforesaid, the Tribunal shall
invest 90% of the amounts in more than one fixed deposits with a
nationalized bank near the residence of the claimants for a period of
five years with usual conditions about prohibition against premature
encashment/ encumbrance, etc. of the deposits, with permission to the
claimants to withdraw the interest periodically accruing on such
fixed deposits and with a direction to the Bank that the bank
accounts of the claimants shall not be operated by any power of
attorney holder who is not a close relative of the claimants.
The
remaining amount shall be paid over to the claimants by account payee
cheques in the following proportion:-
The
widow shall receive 50% of the amount to be released; the minor
daughter of the deceased shall receive 30% of the amount to be
released and both the parents shall receive 10% each of the amount to
be released.
Rule
is made absolute accordingly. The civil application is accordingly
disposed of.
(M.S.
SHAH, J.) (AKIL KURESHI, J.)
zgs/-
Top